Stopping tobacco smoke insulting the nasal senses of Australian neighbors

Smoking tobacco on apartment balconies will be banned if smoking bylaws are enforced by body corporate committees across Queensland, Australia, according to a Sunshine Coast Daily story.

Travis Schultz, of Schultz Toomey O’Brien Lawyers, said smokers were entitled to smoke within their own units but the body corporate was now able to pass a bylaw that prohibited smoking on balconies within an apartment complex or any part of the common property.

“The rationale for bylaws of that type is that unit balconies can be in very close proximity to each other and, as a result, cigarette smoke can easily drift and insult the nasal senses of an adjoining owner,” Mr Schultz said.

“There’s actually a suggestion in NSW that they’re going to move towards having strata legislation that might ban smoking on balconies and force smokers to go one step further and actually contain their smoke.”